What is Digital Forensics?
Digital forensics is the process of recovering and analyzing data from digital devices, such as computers, mobiles, and drones, to use as evidence in criminal or civil cases. In Bangladesh, it’s crucial for tackling cybercrimes like hacking and fraud, especially as digitalization grows.

digital forensics in Bangladesh “Sprint Solutions”

Legal Framework and Acts
Bangladesh’s legal system has evolved to handle digital evidence. The Evidence Act, 1872, was amended in 2022 to include digital records as admissible evidence, defining them as data stored in forms like audio, video, DVDs, CCTV footage, and drone data (Parliamentary amendment on The Bangladesh Evidence (Amendment) Act 2022). This amendment aligns with the Digital Security Act, 2018, and the Information and Communication Technology Act, 2006, which address cybercrimes. Before this, courts relied on judicial interpretations, as seen in cases like Mrs. Khaleda Akter vs. State (1985), where video cassettes were accepted as documents.

Methods and Tools
Digital forensics in Bangladesh uses standard tools like FTK, Encase, Cellbrite, and XRY, employed by organizations like the Bangladesh e-Government Computer Incident Response Team (CIRT) Digital Forensic Lab, established in 2018 (Digital Forensic Lab – BGD e-GOV CIRT). This lab handles evidence from mobiles, PCs, and IoT devices, while private firms like Decodes Lab Ltd. offer training and solutions. The process includes data recovery, analysis, and preservation, ensuring evidence integrity for court use.

Court’s Approach to Digital Evidence
Bangladesh courts have increasingly accepted digital evidence, especially post-2022 amendment. Historical cases like Biswajit Murder Case and Sagar-Runi Murder Case show courts handling digital evidence, though challenges in authentication existed. The amendment clarifies admissibility, requiring proper handling and expert testimony, ensuring fairness in trials.

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Digital Forensics in Bangladesh: Comprehensive Analysis

Digital forensics, a branch of forensic science, focuses on recovering and analyzing digital evidence from devices like computers, mobiles, and IoT systems. In Bangladesh, this field is pivotal for addressing cybercrimes amid rapid digitalization, with significant legal, market, and judicial developments shaping its landscape.

Legal Framework and Relevant Acts

The legal foundation for digital evidence in Bangladesh is rooted in the Evidence Act, 1872, a colonial-era law initially ill-equipped for digital contexts. However, the Evidence (Amendment) Act, 2022, marked a transformative step by amending Section 3 to include digital records as documents. This amendment, effective from November 20, 2022, defines digital records as data stored in magnetic, electromagnetic, optical, or digital forms, encompassing audio, video, DVDs, CCTV footage, drone data, and records from cell phones and other devices (Parliamentary amendment on The Bangladesh Evidence (Amendment) Act 2022). This aligns with the Digital Security Act, 2018, and the Information and Communication Technology Act, 2006, which address cybercrimes and electronic transactions, respectively.
Prior to the amendment, courts relied on judicial interpretations for admissibility. A landmark case, Mrs. Khaleda Akter vs. State (37 DLR 1985 275), accepted video cassettes as documents, setting a precedent for digital evidence (Admissibility of Digital Evidence in Bangladesh). Other cases, like Biswajit Murder Case and Sagar-Runi Murder Case, highlighted challenges in authentication, with allegations of evidence mishandling (Bangladesh Evidence Law : Towards Reforms and New Paradigm).

Methods and Tools
Digital forensics in Bangladesh employs a range of methods and tools, adhering to international standards. The CIRT Digital Forensic Lab, established in 2018, conducts investigations on digital devices, including mobiles, PCs, drones, and IoT systems, using tools like FTK, Encase, Cellbrite, and XRY (Digital Forensic Lab – BGD e-GOV CIRT). A 2017 research paper proposed a national digital forensics framework, emphasizing proactive and reactive forensics, with an expert system to enhance efficiency (National digital forensics framework for Bangladesh). Private companies like Sprint Solutions also provide training and solutions, focusing on computer-related crime investigations.
The process involves several stages: identification, collection, preservation, analysis, and presentation, ensuring evidence integrity for court proceedings. Tools like Magnet IEF and FRED Workstation are mentioned in research, indicating a blend of open-source and proprietary solutions (National digital forensics framework for Bangladesh).
The CID’s forensic lab, while primarily focused on DNA profiling, has created 30,000 profiles from over 16,000 samples, aiding investigations in murder, rape, and robbery cases, showcasing the broader forensic ecosystem (CID’s forensic lab: Where technology blends with crime investigation). This highlights the market’s capacity to handle diverse forensic needs, with growing demand for digital expertise.

Court’s Analysis and Acceptance of Digital Evidence
Bangladesh courts have progressively accepted digital evidence, with the 2022 amendment providing a clearer legal basis. Before this, courts used Section 45 of the Evidence Act, 1872, to admit expert opinions on digital evidence, as seen in cases like State v Qamrul Islam & Others (2017), where video footage was considered a document (The Evidence Act, 1872: “digital” amendment already obsolete?).

Historical cases illustrate judicial practice:

• Mrs. Khaleda Akter vs. State (1985): Accepted audio and video cassettes, establishing a precedent (Admissibility of Digital Evidence in Bangladesh).
• Biswajit Murder Case: Involved digital evidence, but faced authentication challenges, underscoring the need for robust procedures (Bangladesh Evidence Law : Towards Reforms and New Paradigm).
• Sagar-Runi Murder Case: Highlighted issues with evidence preservation, with allegations of negligent handling by journalists.
Post-amendment, courts are expected to rely on expert testimony and forensic reports, ensuring digital evidence’s integrity and admissibility, aligning with global standards like those from NIST (Legal Framework of Admissibility of Digital Evidence in Bangladesh and Its Global Treatment).